Publication affidavits validated despite failure to recite statutory authority for execution.

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17-2-25. Publication affidavits validated despite failure to recite statutory authority for execution.

Any affidavit of the publication of a notice or of any other legal or official matter which has been filed or recorded prior to July 1, 1949, in any action or proceeding or in the office of any register of deeds which does not show upon its face that it was executed by a person authorized by statute to make such affidavit of publication but from which it shall appear that the person making such affidavit knew the facts relative to such publication at the time such affidavit was made and affirmatively states that it was so made is hereby legalized and validated and said affidavit of publication and the record thereof shall have in all respects the same force and effect as though it did show upon its face that such affidavit was executed by a person authorized by statute to make such affidavit of publication.

Source: SL 1949, ch 445, §2; SDC Supp 1960, §65.0305-1 (2).


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